- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Isles of Scilly (Application of Water Legislation) Order 2019, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4.—(1) The Water Industry Act 1991 applies to the Isles of Scilly as it applies to the rest of England. This is subject to the following modifications.
(2) Section 7 is to be read as if—
(a)in the heading, for “Continuity” there were substituted “ Original Isles of Scilly variation, continuity ”;
(b)in subsection (1), at the end there were inserted—
“;
but nothing in this subsection shall impose any duty on the Secretary of State to secure that such appointments are made in respect of the Isles of Scilly before 1st April 2020”;
[F1(c)for subsection (2) there were substituted—
“(2) Subject to subsections (3) to (6)—
(a)the Secretary of State; and
(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, the Authority,
shall have power, by notice to a company holding an appointment under this Chapter, to terminate the appointment or to vary the area to which it relates.
This subsection does not apply in the case of the variation of an area if the power under subsection (2A) is exercisable in relation to that variation.
(2A) Subject to subsections (3) to (6), where there is no existing relevant undertaker for the Isles of Scilly—
(a)the Secretary of State; and
(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, the Authority,
shall have power, by notice to a company holding an appointment under this Chapter, to vary the area to which it relates to include the Isles of Scilly.
In this Act, “original Isles of Scilly variation” means a variation made under this subsection.”.]
(3) Section 8(5) is to be read as if—
(a)in the words before paragraph (a), after “relevant undertaker” there were inserted “ or after making the original Isles of Scilly variation ”;
(b)in paragraph (a), after “existing appointee” there were inserted “ or, in the case of the original Isles of Scilly variation, the Council of the Isles of Scilly ”.
(4) Section 10 is to be read as if—
(a)for subsections (1) and (2) there were substituted—
“(1) Schedule 2 to this Act shall have effect for enabling provision to be made with respect to cases in which—
(a)a company becomes a relevant undertaker for the Isles of Scilly by virtue of the original Isles of Scilly variation; or
(b)a company is replaced by another as a relevant undertaker by an appointment or variation,
under this Chapter.
(2) Subsections (3) to (4) apply where, by such an appointment or variation, a company (“the new undertaker”) is to—
(a)become the relevant undertaker for the Isles of Scilly by virtue of the original Isles of Scilly variation; or
(b)replace another company as a relevant undertaker,
but the appointment or variation has not come into force.”;
(b)in subsection (3)—
(i)for paragraph (d) there were substituted—
“(d)sections 156 and 158 to 167 and Schedule 11;”
(ii)in paragraph (e), for “171” there were substituted “ 172 ”.
(5) Section 44(5) is to be read as if before paragraph (a) there were inserted—
“(za)1st April 2025;”.
(6) Section 51(6) is to be read as if before paragraph (a) there were inserted—
“(za)1st April 2025;”.
(7) Section 51B is to be read as if after subsection (2) there were inserted—
“(2A) But no application under subsection (2) may be made before 1st April 2025.”.
(8) Section 101(5) is to be read as if before paragraph (a) there were inserted—
“(za)1st April 2025;”.
[F2(8A) Section 102(2) is to be read as if at the end there were inserted—
“; but nothing in this subsection shall confer any right to make an application under this subsection before 1st April 2025”.]
[F3(9) Section 105(1)(b) is to be read as if at the end there were inserted “following an application under section 102(2)”.]
(10) Section 106 is to be read as if after subsection (3) there were inserted—
“(3A) But no notice under subsection (3) may be given before 1st April 2025.”.
(11) Section 219(1) is to be read as if—
(a)in the definition of “local authority”, at the end there were inserted “and, in relation to the Isles of Scilly, means the Council of the Isles of Scilly”;
(b)at the appropriate place there were inserted—
““original Isles of Scilly variation” has the meaning given in section 7(2A);”.
(12) Schedule 2 is to be read in accordance with paragraphs (13) to (17).
(13) Paragraph 1 is to be read as if—
(a)in sub-paragraph (1), for “(3A)” there were substituted “ (3B) ”;
(b)after sub-paragraph (3A) there were inserted—
“(3B) The fourth case in which this Schedule applies is where—
(a)a person or body is supplying water or providing sewerage services on the Isles of Scilly (“the existing supplier”); and
(b)a company is to become a relevant undertaker for the Isles of Scilly by virtue of the original Isles of Scilly variation (“the new appointee”).”;
(c)in sub-paragraph (4), for the definition of “existing appointee” and “new appointee” there were substituted—
““existing appointee” shall be construed in accordance with sub-paragraph (2) or (3) according to whether this Schedule is applying in the case mentioned in the first or second of those sub-paragraphs;
“new appointee” shall be construed in accordance with sub-paragraph (2), (3) or (3B) according to whether this Schedule is applying in the case mentioned in the first, second or third of those sub-paragraphs;”.
(14) Paragraph 2 is to be read as if after sub-paragraph (7A) there were inserted—
“(7B) In a case specified in paragraph 1(3B) the preceding provisions of this paragraph shall have effect as if any reference to the existing appointee were a reference to existing supplier.”.
(15) Paragraph 3 is to be read as if after sub-paragraph (7) there were inserted—
“(8) In a case specified in paragraph 1(3B) the preceding provisions of this paragraph shall have effect as if any reference to the existing appointee were a reference to existing supplier.”.
(16) Paragraph 5 is to be read as if after sub-paragraph (3) there were inserted—
“(4) In a case specified in paragraph 1(3B) the preceding provisions of this paragraph shall have effect as if any reference to the existing appointee were a reference to existing supplier.”.
(17) Paragraph 6 is to be read as if after sub-paragraph (9) there were inserted—
“(10) In a case specified in paragraph 1(3B) the preceding provisions of this paragraph shall have effect as if any reference to the existing appointee were a reference to existing supplier.”.
Textual Amendments
F1Art. 4(2)(c) substituted (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), arts. 2(1), 6(2)
F2Art. 4(8A) inserted (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), arts. 2(1), 6(3)
F3Art. 4(9) substituted (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), arts. 2(1), 6(4)
Commencement Information
I1Art. 4 in force at 1.11.2019, see art. 2(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: